Legal Question in Real Estate Law in California

cans a finance company be held responsible for the notary they use , if the notary has an expired

license.,during a home sale?


Asked on 3/18/10, 6:20 pm

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

With the information you provided the answer is no. Notaries are independant contractors and are requred to have their own licence and a purchase a bond that is on file with the county in which they are licenced. In this instance, if the notaries commission was expired - that person is liable for payment of all damages due to notarizing documents as the documents notarized are not valid. Even though the loan company sent the person out does not mean that person is an employee - you could use anyone you choose that is licenced - the companies just use a goup of notaries that they commonly use. You need to make a claim on the notaries bond and a complaint to the county/state. Make sure your rate etc... is not going to be affected - if it is that is an additional damage on the bond.

Good luck

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Answered on 3/23/10, 6:48 pm


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